Wrongfully-convicted exoneree inspires bill

Michael Morton was wrongfully convicted in the 1986 slaying of his wife and exonerated in 2011.

Citing the case of Michael Morton, who was wrongfully convicted of killing his wife, Sen. John Whitmire, D-Houston, filed a bill Tuesday that would clarify the period of time exonerees have to allege prosecutorial misconduct.

Whitmire’s bill, SB 825, states that the four-year statute of limitations for someone wrongfully convicted of a crime to file a grievance with the State Bar of Texas would begin when the person is released from a penal institution. The bill also would require that prosecutors who fail to disclose evidence that may be favorable to the defense will be reprimanded publicly.

“The Michael Morton case is a prime example of the imperfections of our justice system,” Whitmire said in a statement. “This is a common-sense policy to advance justice to those who have been wrongfully convicted.”

Morton was convicted and sentenced to life in prison for the 1986 murder of his wife, Christine, who was found bludgeoned to death in the couple’s Williamson County home. Morton always insisted he was innocent, and in 2011, DNA found on a bandana near the murder scene was determined to be that of a drifter, Mark Alan Norwood. After serving nearly 25 years, Morton was exonerated and freed; Norwood was arrested and is expected to face trial in connection with the murder next month.

Sen. John Whitmire, D-Houston, filed a bill Tuesday to clarify the statute of limitations for filing grievances in cases like Michael Morton's.

Morton alleged former Williamson County District Attorney Ken Anderson hid evidence that would have been helpful to his defense during his 1987 trial, and the Texas Coalition on Lawyer Accountability filed grievances accusing Anderson and other prosecutors of violating professional ethics and state laws shortly after Morton was released. After a lengthy investigation, the State Bar of Texas sued Anderson in October, saying Anderson’s conduct violated five disciplinary rules of professional misconduct. Meanwhile, a court of inquiry met this month to determine whether or not Anderson violated state law; a decision is expected this Spring.

Anderson, now a Williamson County State District Judge, argues that he was protected by a statute of limitations that began when the alleged misconduct “is discovered or should have been discovered.”

Hence Whitmire’s bill, which seeks to more clearly define when the statute of limitations begins.

“I appreciate Senator Whitmire filing this legislation,” Morton said in a statement released by Whitmire’s office. “This is an important step to ensuring that even when delayed, justice should always be served. As long as somebody is in prison as a result of fraudulent or illegal activity from an over-zealous prosecutor, they shouldn’t have their ability to have their day in court taken from them.”

For more on Morton’s case, read Pamela Coloff’s “The Innocent Man” parts 1 and 2, published in Texas Monthly last year.